Shown Here:Reported to Senate without amendment (07/29/2010)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2011 - Title I: Department of State and Related Agency - Makes FY2011 appropriations for the Department of State (Department) for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the civilian stabilization initiative; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) educational and cultural exchange programs; (6) representation allowances; (7) protection of foreign missions and officials; (8) U.S. embassy security, construction, and maintenance; (9) emergencies in the diplomatic and consular service; (10) the repatriation loans program account; (11) the American Institute in Taiwan; (12) the Foreign Service Retirement and Disability Fund; (13) international organizations, peacekeeping, and commissions; (14) the International Boundary and Water Commission, United States and Mexico; (15) plan preparation and construction of authorized projects; (16) the International Joint Commission and the International Boundary Commission, United States and Canada; (17) international fisheries commissions; (18) international broadcasting operations; (19) the Asia Foundation; (20) the United States Institute for Peace; (21) the Center for Middle Eastern-Western Dialogue Trust Fund; (22) the Eisenhower Exchange Fellowships, Incorporated; (23) the Israeli Arab Scholarship Program; (24) the East-West Center; (25) the Commission for Preservation of America's Heritage Abroad; (26) the United States Commission on International Religious Freedom; (27) the Commission on Security and Cooperation in Europe; (28) the Congressional-Executive Commission on the People's Republic of China; and (29) the United States-China Economic and Security Review Commission.

Title II: United States Agency for International Development - Makes FY2011 appropriations for: (1) operating expenses of the United States Agency for International Development (USAID); (2) the Office of Inspector General; and (3) the Capital Security Cost-Sharing program.

Prohibits funds from being made available for Sudan or Burma unless the Secretary of the Treasury notifies Congress that a democratically elected government has taken office.

Title IV: International Security Assistance - Makes FY2011 appropriations for: (1) international narcotics control and law enforcement; (2) nonproliferation, anti-terrorism, demining, and related programs; (3) international peacekeeping operations; (4) international military education and training; (5) foreign military financing grants; and (6) Pakistan counterinsurgency activities, until September 30, 2012.

Title V: Multilateral Assistance - Makes FY2011 appropriations for: (1) international organizations and programs; (2) the Global Environment Facility; (3) the International Development Association; (4) the Clean Technology Fund; (5) the Strategic Climate Fund; (6) the Inter-American Investment Corporation; (7) the Enterprise for the Americas Multilateral Investment Fund; (8) the Asian Development Fund; (9) the African Development Fund; (10) the International Fund for Agricultural Development; and (11) the Global Food Security Fund.

Title VI: Export and Investment Assistance - Makes FY2011 appropriations for: (1) the Export-Import Bank, including the Office of Inspector General, direct and guaranteed loan and insurance programs, and administrative expenses; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans; and (3) the Trade and Development Agency.

Title VII: General Provisions - Sets forth certain limits and prohibitions on the use of appropriations for specified activities.

(Sec. 7002) Requires any federal department or agency that has funds made available to it under this Act to provide Congress with a quarterly accounting of the cumulative balances of any unobligated funds received during any previous fiscal year.

(Sec. 7003) Limits the use of funds under title I of this Act for consulting service through procurement contracts to those contracts which are available for public inspection.

(Sec. 7004) Sets forth restrictions on office space for federal employees with respect to U.S. diplomatic facility construction, with an exception for Marine Corps use.

(Sec. 7005) States that costs incurred by an agency or department funded under this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within such agency's or department's budgetary resources.

(Sec. 7006) Authorizes local guard contracts to be awarded on a best value basis in Iraq, Afghanistan, and Pakistan.

(Sec. 7007) Prohibits the use of funds under this Act for direct assistance or reparations to Cuba, Libya, North Korea, Iran, or Syria.

(Sec. 7008) Prohibits the use of funds under this Act for assistance to any country whose elected head of government is deposed by military coup or decree. Permits resuming assistance if a democratic government is subsequently elected to office.

(Sec. 7010) Directs the Secretary of State (Secretary) to report to Congress quarterly on fund use for foreign military financing, international military education and training, Pakistan counterinsurgency, and peacekeeping operations.

(Sec. 7011) Prohibits, with specified exceptions, appropriations under this Act from remaining available for obligation after the expiration of the current fiscal year unless expressly provided for.

(Sec. 7012) Prohibits funds under titles III through VI of this Act from being used for: (1) assistance to any country in default in excess of a year on payments on a U.S. loan unless the President determines such assistance is in the national interest; and (2) assistance under a new bilateral agreement unless such assistance is exempt from taxation, or reimbursed, by the foreign government.

(Sec. 7014) Authorizes specifically designated appropriations under titles II through VI of this Act to be reprogrammed for other programs within the same account subject to the appropriate congressional committees' regular notification procedures.

Extends the availability program-specific appropriations for one year if the Administrator of USAID reports to Congress that program termination or changed circumstances makes it unlikely that such appropriations can be obligated during the original period of availability.

States that ceilings and specifically designated funding levels under this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs.

(Sec. 7016) Requires the Department of Defense (DOD) to notify Congress prior to providing certain excess defense articles under the Foreign Assistance Act of 1961 or prior to issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.

(Sec. 7017) States that certain funds appropriated for the Department, foreign operations, export financing, and related programs that are returned or not made available for international organizations and programs shall remain available for obligation until September 30, 2012.

(Sec. 7018) Permits the President to provide up to a specified amount of commodities and services to the United Nations War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.

(Sec. 7021) Prohibits the provision of funds under titles III through VI of this Act to any foreign government that provides lethal military equipment (under a post-October 1, 1997 contract) to a country that supports international terrorism unless the President reports to Congress that such assistance is in the U.S. national interest.

(Sec. 7022) Prohibits funds from being used in contravention of this Act unless expressly provided for in statute.

(Sec. 7023) Prohibits bilateral assistance from being made to a government that: (1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; or (2) otherwise supports international terrorism. Authorizes the President to waive such prohibition for humanitarian or national security purposes.

(Sec. 7025) States that, unless expressly provided to the contrary, provisions authorizing or making appropriations for the Department, foreign operations, and related programs shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act.

(Sec. 7026) Prohibits funds under titles III through VI of this Act and funds available to the Export-Import Bank and OPIC from being used for production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity (with exceptions for benefits to U.S. producers).

Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial entities to oppose assistance for the production or extraction of any export commodity or mineral that is in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity.

(Sec. 7027) Directs the Administrator of USAID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.

(Sec. 7028) States that: (1) restrictions on assistance for a country shall not be construed to restrict specified assistance for nongovernmental organizations; (2) the President shall notify the appropriate congressional committees under their regular notification procedures prior to providing such assistance; and (3) this section shall not apply to assistance restrictions regarding support of international terrorism and human rights violations.

(Sec. 7029) Prohibits funds under titles III through VI of this Act from being provided for: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees; or (2) assistance for any program that contributes to the violation of internationally recognized workers rights.

(Sec. 7030) Prohibits payments to specified international financial institutions while the U.S. executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule.

(Sec. 7031) Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.

(Sec. 7032) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments upon payment from an eligible purchaser that plans to use such loans only for: (1) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or (2) debt buyback by an eligible country if such country uses specified amounts of local currency to support activities that link conservation with local community development and child development activities.

(Sec. 7033) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; and (3) certain export guarantees for U.S. agricultural commodities.

Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development).

Prohibits debt reduction for a country whose government: (1) has an excessive level of military expenditures; (2) has repeatedly provided support for acts of international terrorism; (3) is failing to cooperate on international narcotics control matters; (4) engages in a pattern of human rights violations; and (5) is not providing U.S. citizens with effective compensation for confiscated property.

(Sec. 7034) Allows funds appropriated under titles III and IV of this Act for Afghanistan to be made available notwithstanding specified restrictions on: (1) assistance to countries in payment default to the United States; and (2) law enforcement assistance.

Allows funds appropriated under title III of this Act to be made available to: (1) Iraq, Lebanon, and Pakistan; (2) war victims; (3) displaced children; (4) displaced Burmese; and (5) victims of trafficking in persons.

Authorizes USAID to make an exception to the fair opportunity process under an indefinite-quantity contract for a small or disadvantaged business.

Expands authorities under the Foreign Assistance Act of 1961 for civilian police assistance for a regional, district, municipal, or other sub-national entity emerging from instability.

Makes specified funds available for the world food program.

States that specified funds may be made available for programs to disarm and reintegrate into civilian society former members of foreign terrorist organizations.

Authorizes the President to use specified emergency assistance funds under the Foreign Assistance Act of 1961 for FY2011.

Makes funds under this Act for the promotion of democracy available notwithstanding any other provision of law.

Subjects contracts, grants, or cooperative agreements in excess of specified amounts to the regular notification procedures of the appropriate congressional committees.

Makes funds available for: (1) expansion of Internet access; and (2) a pilot program to hire mid-career professionals for the Foreign Service.

(Sec. 7036) Allocates specified funds for trade capacity building, of which a certain amount shall be made available for labor and environmental capacity building relating to free trade agreements with countries in Central America, Peru, and the Dominican Republic.

Makes the government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard.

Prohibits the use of certain funds under this Act for the transfer of U.S. weapons, ammunition or other lethal property to the Haitian National Police until the Secretary reports to Congress that any members of the Haitian National Police who have been credibly alleged to have committed human rights violations and other serious crimes have been suspended.

Allocates funds for: (1) the Caribbean Basin Security Initiative; and (2) the International Commission Against Impunity in Guatemala.

Authorizes the use of funds under this Act for Columbia for a campaign against narcotics trafficking and foreign terrorist organizations and for actions to protect human health and welfare in emergency circumstances.

Prohibits the combat participation of U.S. military personnel or civilian contractors in connection with assistance made available by this Act for Colombia.

(Sec. 7038) Prohibits funds from being used to enter into a permanent basing rights agreement between the United States and Iraq.

(Sec. 7039) States that certain military education and training funds for Angola, Cameroon, Central African Republic, Chad, Cote D'Ivoire, Guinea, and Zimbabwe may be made available only for expanded international military education and training. Prohibits the use of such funds for Equatorial Guinea or Somalia.

Restricts: (1) foreign military assistance for Ethiopia; (2) funding under this Act for the government of Sudan; and (3) foreign military assistance to Rwanda or Uganda in connection with the illegal exportation of minerals; and (4) military education and training assistance to The Gambia.

(Sec. 7040) Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to: (1) support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans; and (2) oppose the extension of any loan or financial or technical assistance for Burma.

Restricts funds to: (1) a Khmer Rouge tribunal; and (2) Indonesia.

Makes specified funds under this Act available for: (1) refugees from North Korea; (2) broadcasts into North Korea; and (3) democracy, human rights, and governance programs for North Korea.

Prohibits: (1) specified funds under this Act from being obligated or expended for export licenses of U.S. origin satellites (including commercial satellites and satellite components) to the Peoples Republic of China (PRC) without prior congressional notice; and (2) funds under this Act from being used to finance any grant, contract, or cooperative agreement with the People's Liberation Army (PLA) or any affiliated entity.

Obligates funds for U.S. educational institutions and nongovernmental organizations for programs in the PRC relating to the environment, governance, the rule of law, and disaster preparedness, including regional exchange programs.

(Sec. 7041) Makes funds appropriated under this Act available for assistance for Serbia after May 31, 2011, if the President certifies to Congress that the government of Serbia has apprehended Ratko Mladic and Goran Hadzic and transerred them to the International Criminal Tribunal for the former Yugoslavia.

(Sec. 7042) Prohibits, with a national security waiver, specified funds under this Act from being made to a government of an Independent State of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union.

Withholds specified funds for the Russian Federation until the President certifies to Congress that the Russian Federation has taken specified actions respecting Iran and the North Caucasus.

(Sec. 7044) Prohibits assistance under this Act: (1) for budget support for the government of Afghanistan until the Secretary certifies to Congress that such government is taking steps to combat corruption; or (2) for a permanent basing rights agreement between the United States and Afghanistan.

Makes specified military funds under this Act available for Nepal if the Secretary certifies to Congress that the Nepali armed forces are: (1) cooperating with civilian investigations of violations human rights; and (2) implementing reforms.

Makes specified funds available to Sri Lanka for programs that promote reconciliation between ethnic Sinhalese and Tamil populations.

(Sec. 7045) Authorizes the use of specified funds to enhance the effectiveness and accountability of civilian police authority through human rights training, and through the promotion of civilian police roles that support democratic governance.

(Sec. 7046) Prohibits specified funds under this Act from being used to pay any assessments, arrearages, or dues of any U.N. member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).

(Sec. 7047) Prohibits specified funds under this Act from being used for U.N. peacekeeping missions that will involve U.S. Armed Forces personnel under foreign command unless in the U.S. national interest.

(Sec. 7048) Prohibits funds under this Act from being used to send or otherwise pay for the attendance of more than 50 employees from a federal department or agency at any single conference outside the United States unless in the national interest.

(Sec. 7049) Prohibits specified funds under this Act from being used to pay expenses for any U.S. delegation to any specialized U.N. agency, body, or commission that is presided over by a country that supports international terrorism.

(Sec. 7050) Withholds assistance to a foreign country in an amount equal to 110% of the total unpaid property tax and unpaid parking fines and penalties incurred from April 1, 1997-September 30, 2009, and owed by the country to the District of Columbia or New York City.

(Sec. 7051) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes.

Restricts military assistance for cluster munitions.

(Sec. 7052) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act.

(Sec. 7053) Limits the amount of specified funds under this Act that may be used for official USAID residence expenses.

(Sec. 7054) Allocates specified funds under this Act for USAID to hire up to 175 persons per fiscal year on a limited appointment basis in the United States and abroad. Conditions such hirings upon an equivalent elimination of USAID nondirect-hire employees. Terminates such authority on September 30, 2012.

Authorizes up to four-year extensions for limited-appointment Foreign Service personnel.

Authorizes USAID to use specified amounts for overseas support costs of Foreign Service members of rank four or below to reduce USAID reliance on nondirect-hire employees.

Authorizes specified funds under this Act for the costs of persons detailed to or employed by USAID to carry out: (1) natural disaster response programs; and (2) global health and child survival activities.

Authorizes specified funds under this Act to be used by USAID to employ up to 40 personal services contractors in the United States for new or expanded overseas programs until permanent personnel are hired. Limits to 15 the number of such contractors that may be assigned to USAID's Afghanistan programs.

Allocates specified funds under this Act for special compensation for overseas locally employed staff.

(Sec. 7056) Makes specified funds available for sustainable development strategies.

(Sec. 7061) Makes specified funds available for ethnic, religious, and political reconciliation programs, with a set-aside for programs in the Middle East.

(Sec. 7062) Prohibits funds under this Act from being provided to a nongovernmental organization which fails to provide documents, files, or records necessary for USAID auditing requirements.

(Sec. 7063) Directs the President to submit to Congress a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.

(Sec. 7064) Obligates specified FY2011 international organization and program funds for the United Nations Population Fund, except for any country program in the PRC.

(Sec. 7066) Prohibits funds under this Act (other than funds for narcotics control and law enforcement, refugee assistance, or antiterrorism activities) from being used to assist the government of a country with which the United States has diplomatic relations and an extradition treaty and refuses to extradite to the United States any individual charged with a criminal offense for which the maximum penalty is life imprisonment without parole, or for killing a law enforcement officer.

Makes specified funds for energy programs available only to promote the sustainable use of renewable energy technologies and energy efficient end-use technologies, carbon sequestration, and carbon accounting.

Obligates specified funds for adaption programs.

Obligates specified funds under this Act for sustainable landscapes and biodiversity programs.

Makes funds under this Act available to support transparency and accountability of expenditures and revenues related to the extraction of timber, oil and gas, cacao and other natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative and the Kimberley Process Certification Scheme.

Authorizes appropriations for the Clean Technology Fund.

(Sec. 7068) Authorizes the commercial leasing of certain defense articles from commercial suppliers (instead of the government-to-government sale) to North Atlantic Treaty Organization (NATO) members, and major non-NATO allies.

(Sec. 7069) Directs the Secretary to compile a list of officials of foreign governments and their immediate family members who have been involved in corruption relating to the extraction of natural resources in their countries.

Makes, with a limited waiver, a listed individual ineligible for U.S. admission for five years.

(Sec. 7070) Directs the Secretary to designate a Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights and Labor to have primary responsibility for diplomatic efforts related to international prison conditions.

(Sec. 7071) Prohibits funds under this Act from being used to support or justify the use of torture, cruel, or inhumane treatment by any U.S. official or contract employee.

(Sec. 7072) Makes funds under this Act available to support efforts to promote transparency and accountability at the United Nations. Authorizes the Secretary to withhold a contribution to a U.N. organization or agency that is not adequately implementing such reforms.

Prohibits, with a national security waiver, funds under this Act from being made available for the government of any country that fails to make its national budget publicly available each year.

(Sec. 7073) Obligates specified funds under this Act for USAID activities for persons with disabilities in developing countries.

(Sec. 7074) Prohibits funds under this Act from being used for certain first-class travel by employees of agencies funded by this Act.

(Sec. 7075) Amends the Millennium Challenge Act of 2003 to authorize the Millennium Challenge Compact, upon approval by the Board of Directors, to: (1) enter into separate concurrent compacts with partner countries; and (2) extend the duration of a five-year compact term for two additional years.

(Sec. 7076) Authorizes establisment in the Treasury of the Buying Power Maintenance, International Organizations Account to offset the impact of exchange rate fluctuations that adversely affect U.S. contributions to international organizations.

(Sec. 7077) Revises the fee for a border crossing card for minors.

(Sec. 7078) Eliminates the requirement that refugees who do not file for status adjustment by the one year anniversary of achieving refugee status must be detained by DHS.

(Sec. 7079) Extends visa ineligibility for aliens involved in U.S. child abductions to situations in which the child is located in a foreign state that is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

(Sec. 7080) Eliminates the one-year time limit for filing an asylum claim.

(Sec. 7081) Sets forth protections for stateless persons in the United States.

(Sec. 7082) States that a federal court shall have jurisdiction to review the merits of a petition filed by an individual sentenced to life in prison or death, claiming that a specifed violation of the Vienna Convention on Consular Relations resulted in actual prejudice to the criminal conviction or sentence.

(Sec. 7083) Establishes the Office for Global Women's Issues in the Department, which shall be headed by an Ambassador-at-Large for Global Women's Issues.

Authorizes the Ambassador-at-Large to coordinate and advise on U.S. programs, policies, and funding regarding: (1) gender integration; (2) women's and girls' health, economic, social, and legal development; and (3) prevention and response to violence against women and girls, including child and forced marriage.

Establishes in USAID the Gender Integration and Development Advisor.

(Sec. 7084) Revises living and expense allowance provisions for specified U.S. representatives to the U.N. in New York City.

(Sec. 7085) Authorizes the United States Governor of the Asian Development Bank to: (1) contribute on behalf of the United States to the ninth replenishment of the resources of the Asian Development Fund; and (2) subscribe on behalf of the United States to additional shares of the capital stock of the Bank.

(Sec. 7086) Authorizes the Inspector General of the Department to waive specified provisions in order to emloy annuitants.

(Sec. 7087) Authorizes the Inspector General of USAID to contract with U.S. citizens for personal services when the Inspector General determines that its personnel resources are otherwise insufficient.